CRS 18-7-402 is the Colorado law that prohibits soliciting children for prostitution, which is arranging a meeting for the purpose of trading money for sex acts from a child under 18. Soliciting for prostitution is a class 3 felony carrying four to 12 years in prison, possible fines of $3,000 to $750,000, and sex offender registration.
CRS 18-7-402 states:
(1) A person commits soliciting for child prostitution if he:
(a) Solicits another for the purpose of prostitution of a child or by a child;
(b) Arranges or offers to arrange a meeting of persons for the purpose of prostitution of a child or by a child; or
(c) Directs another to a place knowing such direction is for the purpose of prostitution of a child or by a child.(2) Soliciting for child prostitution is a class 3 felony.
In this article, our Colorado criminal defense attorneys discuss:
- 1. What is soliciting child prostitution under CRS 18-7-402?
- 2. How is solicitation different from patronizing child prostitution?
- 3. What are the Colorado penalties for soliciting child prostitution?
- 4. How can I fight the charges?
- 5. Can immigrants be deported?
- 6. Is the record sealable?
- 7. Related sex crimes
1. What is soliciting child prostitution under CRS 18-7-402?
Under Colorado law, soliciting a child for prostitution is arranging – or offering to arrange – a meeting in order to pay a fee in exchange for sex acts with a minor under 18 years old. Soliciting also includes directing other people to a place for the purpose of engaging in child prostitution.1
Soliciting child prostitution is a felony in Colorado.
2. How is solicitation different from patronizing child prostitution?
Patronizing a prostituted child (CRS 18-7-406) is defined as either:
- Engaging in an act which is prostitution of a child or by a child; or
- Entering or remaining in a place of prostitution with intent to engage in prostitution of a child or by a child.2
Therefore, soliciting is more about planning for prostitution to occur. Patronizing is about actually engaging in prostitution.
3. What are the Colorado penalties for soliciting child prostitution?
As a class 3 felony, soliciting a child for prostitution carries these punishments:
- 4 to 12 years in Colorado State Prison and
- $3,000 to $750,000 in possible fines.3
Note that soliciting another adult for prostitution (CRS 18-7-202) is a petty offense in Colorado, carrying up to 10 days in jail and/or up to $300 in fines plus a possible extra fine of up to $5,000.4
Also note that patronizing child prostitution is punished the same as soliciting child prostitution.5
4. How can I fight the charges?
There are many possible defense strategies to Colorado charges of solicitation of child prostitution. Depending on the case, a criminal defense lawyer may be able to argue either:
- The police had insufficient probable cause to arrest the defendant.
- The defendant never solicited anyone, and his/her intentions were misunderstood.
- The defendant never arranged a meeting for the purpose prostitution, or the defendant did not realize he/she was directing someone to a place where child prostitution was practiced.6
- The defendant was the victim of misidentification (such as the victim incorrectly choosing the defendant out of a lineup).
- The defendant was not predisposed to soliciting child prostitution, and law enforcement entrapped the defendant.
It is a partial defense to argue that the prostitute was at least 18 years old. If the district attorney cannot prove that the prostitute in the case was a child, then the charge should be reduced to soliciting another adult – which carries laxer penalties.
Violating CRS 18-7-402 requires the defendant to register as a Colorado sex offender.
5. Can immigrants be deported?
Prostitution of a child is a crime of moral turpitude as well as an aggravated felony. So non-citizens could be deported after serving their prison sentence.7 Learn more about the criminal defense of immigrants.
6. Is the record sealable?
No. Colorado convictions for soliciting child prostitution can never be sealed. But there is no waiting period to get a record seal if the case gets dismissed.8
Learn how to seal criminal records in Colorado.
7. Related sex crimes
- Sexual assault (CRS 18-3-402)
- Indecent exposure (CRS 18-7-302)
- Soliciting child prostitution (CRS 18-7-402)
- Patronizing a prostitute (CRS 18-7-205)
- Procurement of a child (CRS 18-7-403.5)
- Pimping of a child (CRS 18-7-405)
- Internet luring of a child (CRS 18-3-306)
- Pandering of a child (CRS 18-7-403)
- Enticement of a child under 15 (CRS 18-3-305)
- Inducement of child prostitution (CRS 18-7-405.5)
- Prostitutes making display in a public place (CRS 18-7-207)
- Unlawful sexual contact (CRS 18-3-404)
- Sexual exploitation of a child (CRS 18-6-403)
- Human trafficking (CRS 18-3-503)
- Keeping a place of prostitution (CRS 18-7-204)
Anyone facing criminal charges for sex offenses in Colorado is welcome to call our criminal defense law firm for legal advice. We serve clients in Denver, Loveland, Colorado Springs, El Paso County, Douglas County, Arapahoe County, and throughout the state. We defend against all types of charges from domestic violence to DUI.
Legal References
- Colorado Revised Statute (criminal code) 18-7-402.
- CRS 18-7-406.
- CRS 18-7-402. People v. Jacobs, (Colo. App. 2003) 91 P.3d 438. People v. Emerterio, (Colo. App. 1991) 819 P.2d 516. If you were at least 18 at the time of the offense, then your name, photo and information as a sex offender may be posted publicly on the Colorado Bureau of Investigation’s sex offender registry and other law enforcement websites.
- CRS 18-7-202. Note that prior to March 1, 2022, solicitation of an adult was a class 3 misdemeanor carrying up to six months in jail and/or a fine of $50 to $750. SB21-271.
- CRS 18-7-406.
- People v. Ross, (2021) 2021 CO 9, 479 P.3d 910.
- See Matter of Ortega-Lopez, (2018) 27 I&N Dec. 382. See 8 USC § 1101(a)(43).
- CRS 24-72-701-709.